Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt online access to the Database at any time. ALA, however, will not be liable for any delay, down time, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance.
Failure of Performance. If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the Deposit and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract except for those obligations that expressly survive termination. If for any reason, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) but hereby waives any action for compensatory, consequential and punitive damages resulting from Seller's breach.
Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt access to the Licensed Material at any time. OSA will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. OSA may have contracted with one or more outside agencies to provide the online service and OSA shall seek to ensure that all services are provided by outside agencies as negotiated. OSA will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. OSA’s responsibility to the Licensee and Authorized Users does not extend beyond such endeavors.
Failure of Performance. Any failure in the performance of the Transponders, once provided, shall not be a breach of this Agreement if such failure results from acts of God, governmental action or Law (whether in its sovereign or contractual capacity) or any other circumstances reasonably beyond the control of HCG, including, but not limited to, earth station sun outage, weather, or acts or omissions of Lessee or any third parties (excluding Hughes Telecommunications & Space Company ("HTSC") and all of its direct and indirect subsidiaries, and any other affiliates of HCG or HTSC with whom HCG or HTSC contracts for any components of the Satellite or any services with respect thereto). Nothing in this Section 11.01 shall excuse HCG's obligations to provide Transponder Spares, to the extent available and technically feasible, to satisfy its obligations as set forth in Section 9.
Failure of Performance. If Tenant fails to perform these Purchase Terms within the time specified, Landlord may elect to terminate the exercise of the Option to Purchase and be relieved of all obligations under these Purchase Terms. If for any reason other than failure of Landlord to make Landlord's title marketable after diligent effort, Landlord fails, neglects or refuses to perform these Purchase Terms, the Tenant may seek specific performance or may terminate the exercise of the option, whereupon Landlord shall reimburse Tenant for all costs and expenses in connection with Tenant's exercise of the Option to Purchase. In the event either party terminates the exercise of the Option to Purchase as set forth herein, the parties shall continue to be bound by the terms and provisions of the Lease, as the same shall apply.
Failure of Performance. (a) Should Subcontractor at any time fail to prosecute and complete the Work in accordance with the Progress Schedule or as herein provided or fail to diligently and continuously perform his Work, or if in the opinion of Contractor the Work of Subcontractor cannot be completed in the time period set forth, or if Contractor is notified or Subcontractor's failure to pay for any material or labor used on the Project, or in the event of a strike or stoppage or Work resulting from a dispute involving or affecting the labor employed by Subcontractor or his Subcontractors, or if Subcontractor fails to perform any of the requirements herein, then such event shall be deemed a default and Contractor shall notify Subcontractor to correct such default and shall specify in such notice the action to be taken and a reasonable date by which the default shall be corrected.
Failure of Performance. Following approval for online access, the User will be permitted to attempt online access to the Licensed Materials for which the User maintains a current subscription. ASCE will not be liable for any delay, downtime, access time error, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
Failure of Performance. 10.1.1 NOTICE TO CURE If the Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Project Schedule, or fails to make prompt payment to its workers, subcontractors or suppliers, or disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or commence to correct Subcontractor’s deficient work, or otherwise is guilty of a material breach of a provision of this Agreement and/or Subcontract, the Subcontractor shall be deemed in default of this Agreement. If the Subcontractor fails within three (3) days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then the Contractor without prejudice to any other rights or remedies shall have the right to any or all of the following remedies: .1 supply workers, materials, equipment and facilities as the Contractor deems necessary for the completion of the Subcontract Work or any part which the Subcontractor has failed to complete or perform after written notification, and charge the cost, including reasonable overhead, profit, attorneys' fees, costs and expenses to the Subcontractor;
Failure of Performance. The default minimum period of time for BUYER to perform under Section 18.C of the NODPA shall be 72 hours. If BUYER fails to perform this Contract within the time specified, the Deposit(s) paid by BUYER may be retained by or for the account of the SELLER as liquidated damages, if provided by the NOD Agreement, consideration for the execution of this Contract and in full settlement of any claims; whereupon BUYER and SELLER shall be relieved of all obligations under the Contract. If, for any reason other than failure of SELLER to make SELLER’S title marketable after diligent effort, SELLER fails, neglects or refuses to perform this Contract, the BUYER may seek specific performance or elect to receive the return of BUYER’S deposit(s) without thereby waiving any action or damages resulting from SELLER’S breach.
Failure of Performance. Customer shall immediately notify Supplier of any problems or End-User complaints associated with the Service, including, but not limited to, excess noise, echo or loss of service. The liability of Supplier for damages for mistakes, omissions, interruptions, delays, errors or defects in transmission ("FAILURE OF PERFORMANCE") occurring in the furnishing of Services is limited to not charging Customer for any Services that Supplier has failed to provide. Interruption for system maintenance does not constitute a Failure of Performance. In the event of a Failure of Performance, Supplier shall use its reasonable efforts to correct such failure as soon as reasonably practicable after Supplier is notified of such failure. In the event (i) Supplier notifies Customer that Supplier cannot correct a Failure of Performance; or (ii) Supplier fails to deliver Services meeting industry standards of performance, which failure is not cured within five (5) days of written notice thereof by Customer to Supplier, Supplier and Customer, each in its sole discretion, shall have the right to cancel the affected service(s). In the event all, or any portion of, the Services are terminated pursuant to this paragraph, Customer shall remain liable for the Usage Charges for the affected Initials: CSH GRC ------ ------ Services that were rendered prior to the effective date of termination.